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answered on Jun 21, 2022
Thank you for your question. You should call the child support and inquire about that negative number, it could mean you have overpaid but, you have to get an answer directly from them.
answered on Jun 14, 2022
Thank you for your question and I am sorry you are going through this. You can file a motion to enforce the order entered by the court. I encourage you to discuss your case with an attorney and bring your order to explore other options that may be available based on the language contained in that... View More
answered on Jun 9, 2022
Thank you for your question. You can certainly apply for guardianship of your own biological child but you must do so in that state. There are a plethora of questions however: how old is the child? How did he/she wind up in another state? Why did you allow the child to leave this state? I... View More
I am currently residing in New Jersey. We were married in South Carolina. My spouse still resides in South Carolina. He was my financial support as I am disabled. He used my health against me. I am not able to work. He has crypto that was gained during our marriage. My question is when can I file... View More
answered on May 31, 2022
Thank you for your question. You can file for divorce in New Jersey as long as you have been a resident of the state for at least one year. To the extent that your husband accumulated assets, including cryptocurrency, during the marriage, you would be entitled to an equitable share of these assets.... View More
What can I do. I don't want to get divorced but if I do can I recoup anything.
answered on May 31, 2022
I am sorry to hear that you are going through this. Given the long term of your marriage, any assets acquired during the marriage would be subject to equitable distribution. That being said, there are a variety of factors that would be considered when determining how the marital home will be... View More
I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... View More
answered on May 31, 2022
Thank you for your inquiry. Generally speaking, any property acquired during the marriage is subject to equitable distribution regardless of the named parties on the title to property. That being said, I suggest scheduling a consult with an attorney to discuss your options in more detail such as a... View More
She doesn't have the best relationship with her father, but still goes to his house every other weekend despite not wanting to go. Can she change her visitation arrangement in a calm manner if she wants to move?
answered on May 17, 2022
Thank you for your question. In NJ, a parent must obtain consent, from the other parent, or a Court Order to permanently remove a minor child outside of the state. In the event the matter proceeds to Court, a determination will be made as to what is in the child’s best interest. In review of the... View More
I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently
Nothing can really be done with Covid to... View More
answered on May 16, 2022
Thank you for the question. It sounds like you need to file a motion for enforcement with the court and to address arrears and obtain accurate income information. The court are operating and should be able to address the motion you file in normal course, whether virtually or in person. He will... View More
It’s been over a month and it’s still not scheduled. I call the courts and they say they are just waiting. Is there anything I can do to speed the scheduling up?
answered on May 16, 2022
Thank you for the question. Once you file for default, the court should schedule the matter for a Default Hearing. You will need to file a proposed Judgement of Divorce outlining your requested relief (ie: related to custody, parenting time, support and equitable distribution) with any supporting... View More
I live in New Jersey, a equatable distribution state. Married for 5 years. We don't have children or own a house. Our finance were separate for the most part but I do pay most of our bills including rent, utilities and meals, because my spouse works only part time and do not make enough. I... View More
answered on May 3, 2022
Thank you for your question. It is difficult to give you a definitive answer without obtaining additional facts. There are many factors to the equitable distribution statute and without having full financial disclosure, a firm answer is not possible. It would be best to contact an experienced... View More
In NJ when paying alimony to a ex their is the cohabitation clause that states the alimony you are paying can be reduced if the ex receiving the alimony lives with or cohabitates with a new partner. My question is can the alimony be effected by the person paying living with a new partner, it does... View More
answered on May 3, 2022
Thank you for your question. Cohabitation is a basis to terminate or suspend alimony. There are however various factors of the stature. Therefore additional facts are necessary to better guide you. Based on your circumstances, it would be best to contact an experienced family law attorney to... View More
Is there a motion that can be filed in the family court that would allow a mother and three minor children that are currently in a domestic violence shelter to stay with family or friends temporarily in another state jurisdiction until custody and Court proceedings are decided by a judge?
answered on Apr 25, 2022
Thank you for your question about custody and parenting time in cases where domestic violence exists. I am sorry you are going through this difficulty time. Your inquiry is fact specific. In order to answer your question, it is important to know if there is currently a temporary or final... View More
I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... View More
answered on Apr 18, 2022
Thank you for your inquiry. Unfortunately, there is no “set timeframe” for when a Judge renders a decision after oral argument. A lot of factors can affect the timeframe for an Order based on the specifics of your matter and the timeframe generally fluctuates by each Judge. In regards to... View More
Is there a way without an attorney and additional fees?
answered on Apr 12, 2022
Thank you for your question about enforcing the term of your divorce. In order to enforce your divorce decree, you would need to file a motion with the court to hold your ex-spouse in violation of litigant’s rights and compel them to comply with the provisions. It must be filed with the court... View More
answered on Apr 12, 2022
Thank you for your question about modifying your Judgment of Divorce. You indicated that your ex-wife no longer wants her share of your pension. I am sure that is great news. I assume when you say divorce decree you mean a Settlement Agreement. In order to modify the terms, you would need a... View More
My wife is planning to leave the country for good with out giving me divorce. I still have time to serve her divorce papers. If she leaves the country and never returns after I serve the papers, will the court grant me divorce in her absence?
I have 3 kids, and we own a house. She... View More
answered on Apr 6, 2022
Thank you for your question. If you are a resident of New Jersey, you can file the Complaint for Divorce and serve her while she is still here. If she does not respond or cooperate in the proceeding, the Court can still grant you the divorce. As long as you continue to live in the State, the... View More
None of the arrears are owe to the state
answered on Mar 30, 2022
Thank you for your question. Generally, if there is an existing court order for child support, whether or not it is paid through child support probation, you should prepare and file a consent order with the court that established the child support obligation so that there is a proper record of the... View More
Parents had an argument mother had a few drinks mother was arrested now we are bad Parents?
answered on Mar 25, 2022
Thank you for your question. I am sorry the Court is being involved. Yes, a Court can compel you to take classes in that a refusal to do so can lead to the Court removing the children from the home. You should immediately consult with a Family law attorney to recognize and protect your rights... View More
Got a property on a deal and put title on my ex wife name while we were still living together.Did almost all renovations and maintenance for 15 yrs.Deal with her was that after refinancing mortgage into her name she would add me to title.She agreed.She claims recently that the property belongs to... View More
answered on Mar 21, 2022
Thank you for your question. I’m sorry to hear of this situation. Generally speaking, verbal agreements are enforceable, but when property such as land or houses are involved, it’s always better to have a written agreement. In fact, in some circumstances the Statute of Frauds requires a... View More
My daughter just turn 19
answered on Mar 18, 2022
Thank you for your question. I am sorry you are having child support issues. If you were divorced in NJ then NJ law still applies and your daughter, because she is in college, is NOT emancipated. Therefore you have a continuing child support obligation. However, it is not "all or... View More
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